PART II - APPLICATION DATA (Note: Part I deleted under the Privacy Act on Reading Room copy) 1. Character of Discharge: Under Other Than Honorable Conditions 2. Date of discharge (or REFRAD): 950811 3. Authority for separation: a. Regulation: Chapter 10, AR 635-200 b. Reason: In Lieu of Trial by Court-Martial 4. Prior review(s): Records/970321 PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Service data: 2. Awards and decorations: ARCOM a. Period entered for: 2 Years AAM b. Entry date: 930930 NDSM c. Age: 23 Years DOB: 700204 SWASMDLw/2BSS d. Educational level: HS Grad KLMDL e. Aptitude area score: ASR GT: 87 3. Highest grade achieved: f. Length of Service: E4 1 Year(s) 10 Month(s) 12 Day(s) 4. Performance evaluations: NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review - Continued 5. Periods of unauthorized absence: NONE Status Inclusive dates AWOL Mil conf Civil conf Other 6. Nonjudicial punishment: NONE Date Offense(s) 7. Court-Martial data: NONE a. SCM: Date Offense(s) b. SPCM: Date Offense(s) c. GCM: Date Offense(s) 8. Remarks: The applicant has a Military Police Report in file dated (941005). SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 880825 920427 Honorable RA 920428 930929 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. The evidence of record shows that on 12 June 1995, the applicant was charged with illegal use of an AT&T Calling Card; thirteen specifications; between (930209-930211); (930211-940720); (930211); (930212); (930212-940716); (930630); (930701-940514); (930705-); (930705-940718); (940514); (940514); (940718); and (931104-931107) of a total value of about $2,401.91. Evidence of record shows that on 1 August 1995, DA, HQ, 2nd Armored Division Ft Hood, Texas, Orders 213-047 discharged the applicant from the Regular Army, effective date 11 August 1995. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions (UOHC). Furthermore, the DD Form 214 shows a separation code of KFS (i.e., in lieu of trial by court-martial). The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records. The applicant was to be reduced to the lowest enlisted rank. b. On 11 August 1995, the applicant was discharged. At the time of discharge, the applicant had completed 1 year, 10 months, and 12 days of active military service in the period under review and had a total of 6 years, 11 months and 17 days of active military service. 2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. The requests may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. SECTION B-APPLICANT’S SUBMISSIONS 1. Issue(s) of propriety and/or equity submitted by applicant or counsel. As stated on applicant’s DD Form 293. 2. Exhibit(s) submitted: A-1: DD Form 293, dated 020801. A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) SECTION C - Medical and/or Legal Advisory Opinion Referred to ( ) Medical Advisor ( ) Legal Advisor a. Medical prehearing comments (if applicable): b. Legal prehearing comments (if applicable): PART V - SUMMARY OF HEARING SECTION A-Attendees and exhibits 1. Review/hearing information: a. Type requested: ( ) Records review ( X ) Hearing b. Type Held: ( )Records review ( X ) Hearing ( ) Tender Offer c. Review/hearing location and date: Dallas, TX on 9 April 2003. d. Appearance by: Applicant ( X ) Yes ( ) No Counsel ( X ) Yes ( ) No e. Applicant testified: ( X ) Yes ( ) No f. Counsel presentation: ( X ) Yes ( ) No g. Witness(es) testified: ( ) Yes ( X ) No 2. Exhibit(s) submitted at hearing: PART VI - ISSUES AND FINDINGS 1. a. Applicant's issue(s) of propriety and/or equity: ( X ) Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive. ( ) Revised issue(s) furnished in writing by applicant as follows: ( X ) Additional issue(s) identified during review/hearing as follows: Board Issue: (2) The discharge was inequitable. b. Request: ( X ) Recharacterization ( X ) Change of Reason 2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity: a. Propriety: The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge. b. Equity: The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above. (2) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review and heard his testimony. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. While the Board does not condone the applicant’s misconduct, the Board determined that the discharge was inequitable. The Board found that the length and quality of the applicant’s service to include his post service accomplishments mitigated the discrediting entries in his service record. Accordingly, the Board voted to upgraded his characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority. (1) See paragraph 3, below. 3. Response(s) to item(s) not addressed as decisional issue(s): Inasmuch as the Board voted to grant the full relief requested, response to the remaining issue is neither required nor rendered. PART VII - BOARD ACTION SECTION A - Conclusions/Decisions/Vote 1. Board conclusion(s): The discharge was: ( X ) Proper. ( ) Improper as to characterization. Change characterization to                                     . ( ) Improper as to reason. Change reason to                         under                      . ( ) Equitable. ( X ) Inequitable as to characterization. Change characterization to Honorable. ( X ) Inequitable as to reason. Change reason to Secretarial Authority, under Chapter 5, AR 635-200. ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         . 2. Voting record: Change No Change Reason 5 0 Characterization 5 0 The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document. Department of the Army Review Boards Agency ATTN: Promulgation Team 1941 Jefferson Davis Highway, 2nd Floor Arlington, VA 22202-4508 3. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified                            MR. RON WILLIAMS Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 18 April 2003 The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s): ( X ) Change the characterization of discharge to Honorable. ( X ) Change reason and authority for discharge to Secretarial Authority, Under Chapter 5, AR 635-200. ( X ) Other (see remarks below). Remarks: This action does not entail a change to the applicant’s RE code. SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board Official: JOHN F. LONG Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant INDEX RECORD: AR Number: 2002078268 INDEX NUMBERS: A9456 Date of Review: 030409 A1200 Character of Service: UD A9218 Date of Discharge: 950811 A9222 Authority: AR 635-200 C10 Reason: A7000 Results of Board Action/ Vote/Affirmation: HD 5-0 A PART IX - VOTING RECORD Name  Reason Characterization CHANGE NC HON UHC NC UNCHAR 1. Mbr  X     X            2. Mbr  X     X            3. Mbr  X     X            4. Mbr  X     X            5. PO  X     X